Question

Landlord Wants Tenant to Leave (England) | Tenant Wants to Leave (England)

If both parties agree a shorter notice period, does the tenant have the right to change his mind after agreement?

24 Mar 2017 | 3 comments

Hi
Our AST says when a tenant serves notice to move out, the notice date is 1 month from rent date
The rent date in this case is 5th of the month
We are beyond the minimum term and are rolling forward month by month.
Making the date as per the AST 4th of May as he has just served notice on the 23rd of March
He has requested to make the termination date 23rd April. (he is moving to a larger home)
We would like to accept as we have another tenant who would like to move in on 24th April.

All would sound well under this arrangement
Except the current tenants new home has fallen through. (he has a habit of putting on low offers for apartments and then loosing the deal to other interested parties)

I am worried that he will not agree an AST in time with another apartment

My questions is
If we accept the 23rd April as move out date as he has requested (so both parties are in agreement)
Does he have any right to change the move out date to 4th of May as thats the notice period specified on the AST.
I dont want to commit to new tenant and then risk leaving him homeless

Answer

3 Comments

  1. guildy

    Whether the notice is valid or not doesn’t really matter to the question.

    If a tenant fails to leave at the end of their notice (valid or otherwise) a court order would always be needed to enforce their notice. This would take at least two months.

    You should never sign a tenant before you have the keys from the outgoing. Everything should be marked as “subject to contract” during this stage and it would be okay to send a draft agreement too (which is why our builder has a draft option).

    A landlord is entitled to accept an invalid notice.

    Please see this article for details about a tenants notice.

  2. brumhomes

    Isn’t there some provision that allows you to claim double rent if the tenant stays on beyond the agreed leaving date? Distress for Rent Act? That might at least cover the cost of you putting the new tenant up somewhere else for a week or two if necessary.

    • guildy

      Yes there is although it would have to be a “valid” notice to quit to work (at least 4 weeks in writing and expire on the appropriate date). Please see here for details.

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